Legal Question in Real Estate Law in Kentucky

Property floods due to drainage from neighboring property.

My wife and I purchased a new home and property in December of 2002. The company placed drainage outlets from all the neighboring property onto ours, prior to purchase, but with the insinuation of correcting the problem. Now, with every rainfall, all the runoff water from the sub-division, pours onto our property flooding the yard and even crossing the driveway. Is the company who sold the home to us responsible for correcting this problem or will I have to assume responsibility for correcting the problem? Thank you.


Asked on 7/31/03, 7:36 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Property floods due to drainage from neighboring property.

It is difficult to give you any answer. This is one of those situations where many facts come into play. Generally, a land owner is not responsible for the damage that the "natural" flow or drainage of water causes to the adjoining property. This is nature. If that flow is altered and damage occurs, then there is the possibility of liability. In your case, I am assuming that your property was a part of the subdivision from which the drains run. I am also assuming from the facts in your question, that the drains were in place when you purchased the property. This brings into play several other factors: (1) the principal of "buyer beware" in purchasing real estate and exceptions (2) the law concerning the drainage of water, and possibly (3) issues of fraud, neglignece, etc. This matter is something that needs to be discussed with local counsel who has acess to the real estate records as well as to the property in question.

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Answered on 8/01/03, 7:21 am


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